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Levbarg v. Travelers Insurance

258 A.D. 802 Court N.Y. App. Div. Decision date 1939-11-13 English

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p. 802
George J. Levbarg, Respondent, v. The Travelers Insurance Company, Appellant.

Action to recover benefits for total and permanent disability mate»' two policies of life insurance. From an order granting the plaintiff’s motion for leave to serve a supplemental complaint, the defendant appeals. Order mo’difiecL by striking from the ordering paragraph the words “ in the place and stead of th& original amended complaint herein,” and as so modified, affirmed, without costs, with leave to defendant to answer the supplemental complaint within ten days: from the entry of the order hereon. From an order denying defendant’s motion, to strike out a portion of the supplemental complaint, the defendant appeals. Order affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.